The judgment addresses the question of whether an employee’s right to additional remuneration from the employer for use of an invention they created depends on whether the employer obtained a patent or – at least – on whether the invention was patentable.
The Polish Supreme Court concluded that the employee is entitled to additional remuneration regardless of whether the employer actually obtained a patent. The employee’s right to additional remuneration arises ex lege as a result of the employer’s benefit from exploiting an invention and not as a result or on the condition of initiating patent proceedings.
Case date: 08 January 2020
Case number: II PK 173/19
Court: Supreme Court of Poland
A full summary of this case has been published on Kluwer IP Law.
_____________________________
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.
